Title 45

(a) It is the intent of the Legislature by the passage of this part to authorize the incorporation in Mobile County of public corporations to acquire, enlarge, improve, replace, own, lease, and dispose of properties to the end that such corporations may be able to develop land as…

(a) Whenever any number of natural persons, not less than three, shall file with the governing body of Mobile County an application in writing for authority to incorporate a public corporation under this part, which application shall contain the proposed articles of incorporation…

(a) The certificate of incorporation of any corporation organized under this part shall set forth all of the following: (1) The names and residences of the applicants together with a recital that each of them is an elector of and taxpayer in the county. (2) The name of the corpor…

(a) When executed and acknowledged in conformity with Section 45-49-90.03, the certificate of incorporation shall be filed with the judge of probate of the county. The judge of probate shall thereupon examine the certificate of incorporation and, if he or she finds that the recit…

(a) If any corporation formed under this part has accidentally or inadvertently failed to comply with the requirements of this part in its organization, such omission or defect may be corrected by filing an amendment as provided in this section. The certificate of incorporation o…

The corporation shall have a board of directors in which all powers of the corporation shall be vested and which shall consist of any number of directors, not less than six, all of whom shall be duly qualified electors of and taxpayers in the county. The directors shall serve as …

(a) The corporation shall have all of the following powers, together with all powers incidental thereto or necessary for the performance of those stated in this subsection: (1) To have succession by its corporate name for the period specified in the certificate of incorporation u…

(a) All bonds issued by the corporation shall be payable solely out of the revenues and receipts derived from the leasing or sale by the corporation of its industrial sites or of any thereof as may be designated in the proceedings of the board of directors under which the bonds s…

(a) Upon the adoption by the board of directors of any resolution providing for the issuance of bonds, the corporation, in its discretion, may cause to be published once a week for two consecutive weeks, in a newspaper published in the county, a notice in substantially the follow…

Neither the county, nor any municipality located therein, shall be liable for the payment of principal of or interest on any bonds of the corporation or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever which may be undertaken by the cor…

The corporation shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm, or corporation; except, that in the event the board of directors of the corporation shall determine that su…

(a) Whenever the board of directors of the corporation shall by resolution determine that the purposes for which the corporation was formed have been substantially complied with and all bonds theretofore issued and all obligations theretofore incurred by the corporation have been…

The certificate of incorporation of the corporation or any amendment thereof, any deeds or other documents whereby properties are conveyed to the corporation, any mortgages executed by the corporation, any leases made by the corporation, and the certificate of dissolution of the …

The corporation, all properties at any time owned by it and income therefrom of the corporation, all bonds issued by the corporation and the income therefrom, conveyances by or to the corporation, and leases and mortgages by or to the corporation shall be exempt from all taxation…

The sales price of any part of an industrial park shall be no less than the greater of the consideration for purchase paid by the participants plus the cost of all improvements made in the development of the property and the costs of financing the acquisition and development, oth…

Neither this part nor anything contained in this part shall be construed as a restriction or limitation upon any powers which the corporation might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers. Insofar as this part may be in…

(a) This part shall apply only in Mobile County. (b) A planning and land use control district may be created pursuant to this part in that part of Mobile County known as the Fowl River Planning and Land Use Control District, hereinafter referred to as the district. (c) The term d…

An election on the establishment of the district shall be held within the boundaries of the district if a written petition is submitted to the county commission with signatures from 125 property owners of real property in the proposed district. Only property owners who own proper…

The petition shall state that those persons signing the petition request an election be held in the district to determine whether or not the citizens and property in the district shall be subject to the planning and land use control jurisdiction of the board created pursuant to t…

The county commission may not call for an election without the petition required by this part. (Act 2005-75, p. 111, § 4.)

The judge of probate, with assistance from the revenue commissioner of the county, shall certify the accuracy of the petition within 30 days of receipt in his or her office. If the accuracy of the petition cannot be certified, the judge of probate shall return the petition to the…

Notice of the election shall be published in a newspaper of general circulation in the county at least once a week for four successive weeks immediately preceding the day appointed for the election, which notice shall include an explanation that only persons residing in the distr…

If a majority of the qualified electors in the district voting in an election on the question vote in the negative, then the land in the district shall not be subject to the planning and land use control powers and authority provided for in this part. (Act 2005-75, p. 111, § 7.)

If a majority of the qualified electors in the district voting in an election on the question vote in the affirmative, then the land in the district shall be subject to the planning and land use control jurisdiction of the board. (Act 2005-75, p. 111, § 8.)

No more than 30 days following a majority vote by the qualified electors in the district affirmatively authorizing planning and land use control authority for the district, a district planning and land use board shall be established to accomplish the objectives of this part. (Act…

(a) The board shall be composed of seven members, with position numbers and initial terms as follows: (1) Positions One and Four, one year upon creation of the board. (2) Positions Two and Five, two years upon creation of the board. (3) Positions Three, Six, and Seven three years…

For the purpose of carrying out the objectives of this part, the board may establish an administrative office to provide administrative and technical support for the board. The administrative office shall provide services to the board. The budget for the administrative office sha…

The board may contract with county or city planners, engineers, architects, attorneys, and other public or private consultants and with any local, regional, state, or federal agency for the services as it may require. The board may cooperate with and accept funds from federal, st…

The board shall make and adopt a comprehensive master plan for the physical and economic development of the district, applying the same standards and responsibilities applicable to a municipal planning commission pursuant to Chapter 52 of Title 11. No planning and land use ordina…

The board shall make careful and comprehensive surveys and studies of the present conditions and future growth existing within the district and with due regard to neighboring territory, applying the same standards and responsibilities applicable to a municipal planning commission…

The board is authorized and expected to provide land use standards for the district, applying the same standards and responsibilities applicable to a municipal planning commission pursuant to Chapter 52 of Title 11. The provisions adopted by the board created for the district sha…

Prior to the adoption of a proposed master plan for the district or of any district land use ordinance or regulation, or amendment thereto, notice that the master plan or an ordinance or regulation, or amendment thereto, to be considered by the board shall be published at least o…

Whenever the board has adopted a master plan for the district, no street, square, park, or other public way ground or open space, public building or structure, or public utility, whether privately or publicly owned, shall be constructed or authorized in the district until the loc…

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any subdivision is established, or land used in violation of this part or of any ordinance or other regulation made under the authority conferred hereby, the …

(a) Appeals to the Mobile County Commission may be taken by any aggrieved person. The appeal shall be taken as provided by the rules of the board and within the time period prescribed by its rules, by filing notice of appeal specifying the grounds thereof with the board from whom…

Any party aggrieved by any final judgment or decision of the Mobile County Commission may within 15 days thereafter appeal to the Circuit Court of Mobile County by filing with the commission a written notice of appeal specifying the judgment or decision from which appeal is taken…

Wherever the regulations made under authority of this part require a greater width or size of yards, or open spaces, or require a lower height of buildings, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required in any o…

The Mobile County Commission shall levy upon owners of any real property located within the district which has elected to come under the jurisdiction of the board, a uniform land use control fee that shall be equal to 1/10 mill of the appraised value of the parcel as determined b…

The authority of the board pursuant to this part shall not conflict with present or future regulations or policies of any agency of the State of Alabama or of the federal government. The implementation of this part shall not repeal or supersede the requirements or enforcement of …

A property owner or his or her heirs may continue to utilize a parcel of land in the manner in effect as of the effective date of the ordinance, provided, however, that if the property is reclassified for ad valorem tax purposes or if the property is sold to a person other than a…

Notwithstanding any other provision of law, beginning with the next term of office and thereafter, the compensation of the members of the Mobile County Board of School Commissioners shall be increased by the amount of four hundred dollars ($400) per month. The increase in compens…

(a) The Mobile County Commission shall appropriate annually for a period of 10 years the sum of one million two hundred thousand dollars ($1,200,000) from the county general fund to the Mobile County School Board. The board shall use the funds for retirement of debt. (b) Subject …

(a) Beginning January 15, 1992, and on the fifteenth of each month thereafter, the Board of School Commissioners for Mobile County shall publish a summary financial report for the immediately preceding month. The financial report shall be in a form which can be easily read and un…

The board of school commissioners shall be entitled to receive, levy, assess, and collect all devises, revenues, and taxes to which they were by law entitled at the date of the organization of the Board of Education of the State of Alabama, and they shall have full power to conti…

The board of school commissioners shall have power to fill any and all vacancies that may occur therein or in the office of superintendent, and the persons that may be elected by the board to fill vacancies shall hold their offices until the term for which their predecessors were…

This part shall be known and may be cited as the Mobile County School Bus Safety Act. (Act 2015-330, § 1.)